Floyd County (Indiana) Prosecutor Will Try to Convict David Camm a Third Time

“We just want justice for them. For this family, it's hard and this was my daughter and my grandkids and every day I have to live with this,” says Kim Camm’s mother, Janice Renn.  And now she will have to live it all over again as Prosecutors try David Camm for murders of his wife and two children for the third time.

He's been convicted twice, the first time overturned because of testimony about affairs that were never proven.  The second because prosecutors claimed Camm molested his daughter.  But never offered any proof.  And now, a third trial.  “I wasn't ready for the first one, I wasn't ready for the second one, but I'll do it every four years if we have to.  This man murdered three people, he's not going to get by with it,” Frank Renn, Kim Camm's father, said.

In Georgetown, Indiana, where the murders happened nine years ago, people say there shouldn't have been a need for a third trial.  “I think it's a bunch of bull. He ought to stay right where he's at. They're wasting our tax money in my opinion on a guilty man,” Opal Morris said. 

“It's already been done twice.  It's kinda like going two-thirds of a race and quitting.  We're already invested so it's shame that it's got to be done, but I think probably more of our local prosecutor than I do of our supreme court,” Kevin Samons said.

The prosecutor said the state can convict Camm a third time, though he acknowledges, it won't be easy.

In the meantime, the Floyd County Prosecutor has been accused of getting a deal to write a book about the David Camm case.  Camm's lawyer's now wants a special prosecutor to replace Keith Henderson.  The prosecutor says he did have a book deal in the case of David Camm.  Henderson's office sent this statement saying:  “Once the case was out of my jurisdiction and in the hands of the attorney general, and with the encouragement and support of the Renn family, I agreed to publish the story of the Camm case.  Once the case was reversed, the agreement to publish was terminated.  However, I am more convinced now than ever that when this matter is completed, the unedited version of events needs to be told.”

Camm's attorney also filed a change of venue motion to move the trial from Warrick Superior Court, where Camm's second trial was heard to Indianapolis or farther north.  She says Camm faces "substantial bias and prejudice" in Warrick County because of media coverage of the second trial.

QUESTION:  What is your reaction to David Camm getting a third trial?  What does this say about our judicial system?  Do you think his third trial should be moved to Indianapolis to ensure he gets a fair trial?

COMMENT:  So often we expect everything to work perfectly for us.  I have discovered the unfortunate truth that systems that are created by humans and under the control of humans do not work perfectly.  There are times when even the best designed systems do not function smoothly.

The corollary to this truth is that when a system does not function properly, the pain and suffering that is caused is not spread evenly throughout society.  We all do not suffer just a little for an imperfect system, but individuals suffer a great deal in specific failures.

I do not know whether we should call the overturning of David Camm’s conviction for a second time a failure of the system, but it certainly is an instance when a relatively good system of justice has not served society or the victims or the families involved very well.  The suffering for this imperfection is unfairly borne by the individual’s and families involved.

Mr. Camm has every right under the state of Indiana to appeal his convictions.  He has successfully appealed twice.  The system has functioned on his behalf.  The moral question is: “Has the system been right.”

The morally right outcome would be that the perpetrator be found guilty and held responsible; and that the suffering family have some closure.  If Mr. Camm is guilty of the murders of his wife and two children, then he is making the system work as it was designed, but he is also increasing the suffering of others for his crime.

It appears that both convictions have been overturned (legally) on what could be called secondary issues.  There does not appear to be a question of the essential facts of the case.

It is a said lesson to learn.  Those who defend justice and “right” - in this case the prosecutor - must be correct all of the time.  Those who seek to abuse the system of justice for their own benefit only need to find a narrow crack to challenge the outcome.  It appears that Mr. Camm has twice found a crack in the system.

Mr. Camm is deserving of a fair trial.  So are the victims and their family.  There should be a change of venue.  A change in prosecutors seems appropriate - with or without the book deal.

Let us also ask for Mr. Camm and his attorney to be fair.

Comments

[john wallace]

and how have david camm and his lawyers been unfair? these 2 prosecutions have been among the worst performances i have ever seen in 14 years of practice of law. what do you know about the case other than that the defense needs to be fair? why did that guy spend 5 years in jail knowing he could have blamed a black career violent criminal if he really conspired with him? none of you camm haters have an explanation for that...2x there were trials where the prosecution made up child molestation charges they could not prove and the second time they did so after the court of appeals said not to do it. the prosecution in a move of pure evil failed to test the dna on that sweatshirt for 5 years. and you want camm and his lawyers to be fair?... i was not there so i dont know what happened for sure, but i do know for sure that they cant prove their case beyond a reasonable doubt and they have not proved it even by a preponderance of the evidence...they have a conspiracy to prove between camm and charles boney, problem is there was so little evidence of it the judge threw it out and its gone forever now; they cant bring it back; so what they are left with is trying to prove that dave camm snuck out of a gym with 10 other guys, several of which swear he never left the gym, to go and be lucky enough that kim camm came home in time for her to murder him and get back to the game unnoticed, and while he was at the house, he was lucky enough that this career violent felon women abuser happened to be there committing the crime, and then camm was too stupid to blame the guy for 5 years and sat in jail just hoping for the best; the people who are guilty are the prosecutors, the judges and the stupid people that make up the jury pool in your area

[John Slider]

Mr. Wallace,
Thank you for your comments. You seem to have carried a lot of anger over this issue for a long time. I am with you when you say that you were not there, so you do not know what happened. Neither do I.
Our program is "The Moral Side of the News" not the Legal Side. My reference to fairness by Mr. Camm and his attorney is simply that if he did commit the crimes if would be morally fair of him not to pursue appeals. That, as you say, is not something you or I can evaluate. It does appear to me that the results of the first two trials were overturned on what I believe are not salient issues in the case.
Thanks again for your comments. I would encourage you to avoid stigmatizing people as "pure evil." Also, you have characterized several people as stupid - Mr. Camm and all the residents of the Southern Indiana county - which, by the way, is not my area. Southern Indiana is not a part of Kentucky.
My concern for fairness has to do with the victims and their families. You do not mention them. Maybe you have lost sight of the victims and fairness in your fourteen years of practicing law.

[LN]

What I find to be odd about this whole case is that when both sets or juries were talking to Dateline at least one person from each group brought up the molestation of the daughter. Tell me that has not determined this case? I know my own prejudices and that would stay with me. The prosecutor admitted to the ISC that there really wasn't any evidence that this happened. This is the oddest case I have ever read about and if this doesn't scare you, it should. There were "experts" that turned out to be people who were stretching their qualifications. It's really a shame and no, this guy has not received a fair trial.

[Dawn White]

How many times must the courts judge this man guilty? I believe in God and if this man was not guilty why is he still facing possible murder counts against him? In the end, God will be the ultimate judge and not us. I believe he is guilty, mainly because I find police to be a close bond of good old boys and they would not go against each other nor allow any loop holes unless he really is guilty.

[SFJD]

I don't know much about the merits of this murder case, but it seems like there are some serious problems with the fact that the prosecutor is writing a book while working on this case.

[Kathy Lowe]

While we are discussing morality and asking David Camm and his attorneys to be fair, lets look for a minute at the fairness and morality of the prosecutors in this case.
Had Stan Faith not been so eager to have a high profile murder case under his belt to get him through the next election, he may not have bungled up the crime scene and lost evidence that could have proven David Camm's innocence. Had he followed all leads instead of assuming David was guilty he would have learned that the Backbone sweatshirt, belonged to Charles Boney! Or did he already know the shirt belonged to Boney, the son of his longtime friend and political supporter.
If the evidence so speaks for itself, and the case is so airtight, why did Henderson follow up with getting a statement from Charles Boney to suggest conspiracy, it took 6 statements from Boney for the prosecutor to be satisfied he could get a conspiracy conviction. If there was a conspiracy, why was there no evidence to such. If there was a molestation, why not a charge.
Twice David Camm has been tried, twice the conviction has been overturned, not on a technicality, but, due to the fact the prosecution, introduced as fact speculation for which there is no evidence.

You Mr. Slider, are very guilty of seeing only one side of the coin. David Camm is a victim of our so called justice system, as well as Charles Boney's crimes.

" It is a said lesson to learn. Those who defend justice and “right” - in this case the prosecutor - must be correct all of the time. Those who seek to abuse the system of justice for their own benefit only need to find a narrow crack to challenge the outcome. It appears that Mr. Camm has twice found a crack in the system."

It is not the the prosecutor has to be right all of the time, a little honesty would be nice at least occasionally!
And as far as Camm finding a narrow crack twice, I see it more as a gaping hole.

While we are being fair, realize that currently David Camm is only charged with the crime, he waits in prison while the courts question the integrity of the prosecutor! If you want to be fair and moral, try not being biased.

If I were you I would question my own morality before I gave myself the title of Pastor, and tried to teach it to others!!

[John Slider]

We have recieved many comments concerning the Camm tragedy and trial. Many comments are appropriate and well-intended. Some show the emotional investment some persons have in this situation.
Kathy's comments are appropriate; though I will say that none of the supporters of Mr. Camm who profess to know all the facts have offered another theory. For example, to say, as some appropriately say, that the prosecutor has a bood deal and therefore Mr. Camm is not guilty may be a legal arguement, but not a moral arguement to absolve Mr. Camm from responsibility.
Ms. Lowe steps over the in making our disagreement personal. I did not appoint myself a pastor, nor give myself that title. Please express yourself without ad hominem attacks that prove nothing except what they reveal.

[Jessica]

Here's the deal though; the moral deal. The majority of the facts are out on the table, minus the murder weapon and Boney's girlfriend who cannot be found for further interviews. All these facts, yet no clear and fair answer. You said above that if he did in fact commit the crime, he should not appeal, so what does it say that he has appealed both convictions. I know this is about the Moral Side and not the legal, but the laws are based on morals: it's wrong to kill, it's wrong to steal, it's wrong to lie... You need to know that even if someone, and I do not mean Camm, committed a crime, there may be procedural or factual errors that occurred in the trial which resulted in a harsher sentence. Now whether or not the defendant committed a crime, because of that error, they are receiving more cruel punishment. That's not moral. In Camm's case, the prosecutor is accusing him of something that he cannot prove Camm committed. He is pointing the finger when no one can definatively say he did it. You are wrong for the exact same thing. It is obvious that you think he is guilty. What you don't realize is that though there is a wide space between law and justice, the courts do everything they can to keep these situations from happenning and call for intense investigations because things are not always as they first appear (meaning the police thinking it was him and that a couple drops of blood on a sweatshirt was enough, then finding out that the "experts" were no such things). If you can't back up a claim, don't make the claim. It's immoral for you to accuse. It's immoral for you to judge him, and it's immoral to punish an innocent man. It's immoral to use people's emotions to decide factual guilt